Background: What is a certificate of fictitious registration?
A certificate of fictitious residence is a document issued by Foreigners' office. It confirms that a foreign national is legally residing in Germany, even though the Residence permit has currently expired. The legal basis for this is Section 81 of the Residence Act (AufenthG).
The prerequisite is that an application for renewal or for the issuance of another residence permit has been submitted before the expiry of the previous residence permit. In this case, a so-called "fictitious effect"automatically comes into effect.
This means that the previous residence status remains valid until the Foreigners' office has decided Foreigners' office the application. To enable those affected to prove their legal residence, Section 81 (5) of the Residence Act provides for the issuance of a corresponding certificate—the provisional residence permit.
In practice, the provisional residence permit is particularly important because of the often long processing times at the immigration authorities. The rights that come with the provisional residence permit—such as working or traveling abroad — Residence permit on the type of provisional residence permit and the previous Residence permit .
A fiction of continued validity (Section 81 (4) of the Residence Act) is also particularly valuable for Naturalization or Settlement permit. They prove that the stay continued to be lawful until the authority made its decision. This means that these periods can be Settlement permit toward the minimum length of stay required for Naturalization Settlement permit .
The case: No new certificate despite ongoing application
The case in question concerned a Lebanese national. He held a residence permit pursuant to Section 25 (2) of the Residence Act, which expired in June 2024. He submitted a timely application for renewal before his permit expired. This automatically triggered the legal fiction effect.
Initially, the man received a provisional residence permit. However, when this expired in September 2025, the responsible Foreigners' office issue a new permit—even though a decision on the application for renewal had not yet been made.
The person concerned then applied for interim legal protection at the Berlin Administrative Court. He wanted to obtain a new provisional residence permit.
Court: Entitlement to provisional residence permit remains valid
The Berlin Administrative Court upheld the plaintiff's application. It obliged the Foreigners' office issue the applicant with a provisional residence permit.
In its ruling, the court clarified that this is a so-called "binding claim." This means that if all legal requirements are met, the Foreigners' office must issue Foreigners' office certificate. It has no discretion in this matter.
Although the fictitious effect already exists by law, the certificate is the official proof of this. Without this document, considerable problems can arise during inspections or official checks.
The court also saw this as a significant infringement of the rights of the person concerned. Precisely because disadvantages—for example, in police checks or in employment relationships—are almost impossible to reverse later on, a quick court decision was necessary.
Conclusion: Why the decision is so important
With its decision, the Berlin Administrative Court makes it clear that issuing a provisional residence permit is not a voluntary service, but a legal obligation.
Those who submit their application on time and meet the requirements are entitled to a certificate of fictitious effect. For those affected, this means greater legal certainty in what is often an uncertain phase. At the same time, the ruling sends a clear signal to the authorities to consistently implement the legal requirements.
Anyone who finds themselves in a similar situation and does not receive a provisional residence permit despite submitting their application on time should consider whether legal action —such as an application for interim legal protection—is appropriate.
